ACCEPTED
04-14-00562-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
4/6/2015 9:11:16 AM
KEITH HOTTLE
CLERK
NO. 04-14-00562-CV
FILED IN
IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT
4th COURT OF APPEALS
SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS
4/6/2015 9:11:16 AM
KEITH E. HOTTLE
* * * * * Clerk
JESUS DE LOS SANTOS, JR., Individually and as Representative of the
ESTATE OF JESUS FRANCISCO DE LOS SANTOS, and JUAN DE LOS
SANTOS, Appellants; and MARCO ANTHONY SOLIS, JR., Cross-Appellant,
v.
FORD MOTOR COMPANY,
Appellee
* * * * *
On Appeal from the 79th Judicial District Court
Jim Wells County, Texas
Trial Court Cause No. 11-08-50394-CV
* * * * *
APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO
FILE POST-SUBMISSION LETTER BRIEF
* * * * *
THE HONORABLE JUSTICES OF THE COURT:
Jesus De Los Santos, Jr. Individually and as Representative of the Estate of
Jesus Francisco De Los Santos and Juan De Los Santos, Appellants, respectfully
presents this motion requesting leave to file the post-submission letter brief attached
hereto as Exhibit A, which addresses record citations relevant to certain important factual
questions asked by the Court during the recent oral argument in this matter. In support of
this motion, Appellants would show the Court as follows:
1. This appeal was submitted on oral argument on Thursday, March 26, 2015.
2. The case involves complicated technical issues about product
specifications, metallurgy, and accident reconstruction.
3. During the course of the oral argument, the Court had several questions
about these technical issues, in particular, questions about Ford’s specifications for
“hardness” and other applicable matters related to planned output for Ford axles. Such
matters are difficult to succinctly explain in the span of a short oral argument and require
a review of several portions of the technical and expert testimony in the context of the
record. Since these factual matters about the content of the record are central to the
issues raised in this appeal, Appellants request leave to file the attached post-submission
letter brief to help guide the Court to the relevant portions of the record as they pertain to
specifications and planned output for Ford axles.
4. Certificate of Conference: On April 2, 2015, the undersigned conferred
via email with Allyson Ho, lead appellate counsel for Appellee Ford Motor Company,
regarding the relief requested in this motion. Ms. Ho responded that Ford takes no
position regarding the requested relief. Therefore, this motion is filed as UNOPPOSED.
Respectfully submitted,
By: ________________________________
Brendan K. McBride
State Bar No. 24008900
Brendan.mcbride@att.net
THE MCBRIDE LAW FIRM
Of Counsel to GRAVELY & PEARSON, LLP
425 Soledad, Suite 620
San Antonio, Texas 78205
(210) 472-1111 Telephone
(210) 881-6752 Facsimile
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And
Jeffrey G. Wigington
State Bar No. 00785246
jwigington@wigrum.com
R. Reagan Sahadi
State Bar No. 24042369
rsahadi@wigrum.com
WIGINGTON RUMLEY DUNN
& BLAIR, LLP
123 N. Carrizo St.
Corpus Christi, Texas 78401
(361) 881-7500
(361) 884-0487 (Facsimile)
COUNSEL FOR APPELLANTS,
JESUS DE LOS SANTOS, JR.
INDIVIDUALLY AND AS
REPRESENTATIVE OF THE
ESTATE OF JESUS FRANCISCO DE
LOS SANTOS AND JUAN DE LOS
SANTOS
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded on this 6th day of April, 2015 to Appellee’s counsel of record, Allyson Ho and
Cross-Appellant Marco Soliz, Jr.’s lead appellate counsel, Lupita Aguilar, by electronic
service through Texas.gov.
____________________________________
Brendan K. McBride
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Jesus De Los Santos, Jr., Individually and as Representative of the Estate of Jesus Francisco De Los Santos, and Juan De Los Santos, Individually v. Ford Motor Company and Marco Anthony Soliz, Jr. (Cross-Appellant)
Combined Opinion